Company means Creative Structures Group Ltd (Company number 07885447), Creative House, Station Road, Theale, Reading RG7 4PD, United Kingdom.
Client means the person, firm or company hiring the Equipment from the Company.
Equipment means the structure(s) and all related materials specified on the Booking Form.
Period of Hire means the period between completion of set up and commencement of dismantling.
Hire Charge means the amount payable by the Client as specified on the Booking Form.
Booking Form means the document issued by the Company confirming the Equipment, Period of Hire and Hire Charge.
Invoice means any invoice issued by the Company in relation to the Booking Form.
All orders are accepted subject to these Terms and Conditions. No variation shall be effective unless agreed in writing by the Company. By confirming a booking or permitting work to proceed, the Client is deemed to have accepted these Terms.
The Hire Charge is based on the assumption that the site is level, accessible, suitable for staking or appropriate anchoring, and free from underground services, obstructions or access restrictions not disclosed at booking.
Where additional labour, plant, ballast, ground protection or alternative installation methods are required due to site conditions, restricted access or Client instructions, additional charges shall apply.
If the Company is unable to supply the specified Equipment, it may offer a reasonable alternative. If the change is fundamental, the Client may cancel and any deposit paid will be refunded.
The Client is responsible for the Equipment during the Period of Hire and must ensure it is adequately insured.
The Client shall indemnify the Company against loss, theft or damage to the Equipment except where caused by the Company's negligence.
If a Damage Waiver Fee is included on the Booking Form, the Client remains responsible for the first £500 of any loss and for any loss arising from negligence or wilful misconduct.
The Hire Charge excludes making good any repairs to the site unless damage is caused by the Company's negligence.
All sums are exclusive of VAT, which shall be payable where applicable.
The Client may cancel within seven days of booking without penalty.
After seven days, cancellation charges apply as follows:
The Company reserves the right to recover any additional costs already incurred specifically for the Client's booking.
If the Equipment is re-let for the same period, the Company may reduce the cancellation charge at its discretion, taking into account administrative and recovery costs.
The Company shall not be liable for failure or delay resulting from events beyond its reasonable control, including adverse weather, acts of God, government action, labour disputes, supply chain disruption or site restrictions imposed by third parties.
Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud or any liability which cannot lawfully be excluded.
Subject to the above, the Company's total aggregate liability arising from the Contract, whether in contract, tort (including negligence) or otherwise, shall not exceed the Hire Charge.
The Company shall not be responsible for injury or damage arising from the use of the Equipment unless caused by defective materials or negligence on the part of the Company.
All designs, layouts, creative concepts, drawings, specifications and installations created or supplied by the Company remain the intellectual property of the Company. Copyright in all such works is retained by the Company at all times.
The Client shall not reproduce, replicate or permit the replication of any design or installation, in whole or in part, without the prior written consent of the Company.
The Company retains the right to photograph and record the Equipment and installation for portfolio, promotional and marketing purposes unless otherwise agreed in writing.
Where a professional photographer is engaged by the Client, copyright in the photographs shall remain with the photographer. The Company grants the photographer a non-exclusive, royalty-free licence to use images featuring the Company's installation for the Client's commercial use and for the photographer's own promotional purposes.
In consideration of that licence, the photographer grants the Company a non-exclusive, royalty-free licence to use such photographs for the Company's website, portfolio, social media, editorial features, awards submissions and general marketing purposes.
Neither party may sell, sublicense, distribute to stock libraries or otherwise commercially exploit the photographs beyond the permissions set out above without prior written consent of the other party.
Personal data will be processed in accordance with the Company's Privacy Policy.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
These Terms and the Booking Form constitute the entire agreement between the parties and supersede all prior discussions, correspondence and representations.
These Terms are governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales.